WVC 50-1-4
§50-1-4. Qualifications of magistrates; training; oath;
continuing education; time devoted to public
duties.
Each magistrate shall be at least twenty-one years of age,
shall have a high school education or its equivalent, shall not
have been convicted of any felony or any misdemeanor involving
moral turpitude and shall reside in the county of his election. No
magistrate shall be a member of the immediate family of any other
magistrate in the county. In the event more than one member of an
immediate family shall be elected in a county, only the member
receiving the highest number of votes shall be eligible to serve.
For purposes of this section, immediate family means the
relationship of mother, father, sister, brother, child or spouse.
Notwithstanding the foregoing provisions of this section, each
person who held the office of justice of the peace on the fifth day
of November, one thousand nine hundred seventy-four, and who served
in or performed the functions of such office for at least one year
immediately prior thereto shall be deemed qualified to run for the
office of magistrate in the county of his residence.

No person shall assume the duties of magistrate unless he
shall have first attended and completed a course of instruction in
rudimentary principles of law and procedure which shall be given
in accordance with the supervisory rules of the supreme court of
appeals.

All magistrates shall be required to attend such other courses
of continuing educational instruction as may be required by
supervisory rule of the supreme court of appeals. Failure to attend such courses of continuing educational instruction without
good cause shall constitute neglect of duty. Such courses shall be
provided at least once every other year. Persons attending such
courses outside of the county of their residence shall be
reimbursed by the state for expenses actually incurred in
accordance with the supervisory rules of the supreme court of
appeals.

Each magistrate shall, before assuming the duties of office,
take an oath of office to be administered by the circuit judge of
the county, or the chief judge thereof if there is more than one
judge of the circuit court. Each magistrate shall maintain the
qualifications for office at all times.

Each magistrate who serves five thousand or less in population
shall devote such time to his public duties as shall be required by
rule or regulation of the judge of the circuit court, or the chief
judge thereof if there is more than one judge of the circuit court.
Each magistrate who serves more than five thousand in population
shall devote full time to his public duties. As nearly as
practicable, the workload and the total number of hours required
shall be divided evenly among the magistrates in a county by such
judge.

Note: WV Code updated with legislation passed through the 2015 Regular Session
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